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DECISION

Authorizing the Dung Quat Economic Zone Management Board to manage export, import and commercial activities of foreign-invested enterprises in Dung Quat Economic Zone

THE MINISTER OF TRADE

Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004, on the functions, tasks, powers and organizational structure of the Ministry of Trade;

Pursuant to the Prime Minister's Decision No. 50/2005/QD-TTg of March 11, 2005, establishing, and promulgating the operation regulation of, Dung Quat Economic Zone in Quang Ngai province, and Decision No. 72/2005/QD-TTg of April 5, 2005, establishing, and defining the functions, tasks, powers and organizational structure of, the Dung Quat Economic Zone Management Board;

At the proposal of the Dung Quat Economic Zone Management Board in Official Letter No. 362/BQL-TMXNK of August 16, 2005,

DECIDES:

Article 1.- To authorize the Dung Quat Economic Zone Management Board (hereinafter referred to as the Management Board for short) to manage export, import and commercial activities of foreign-invested enterprises in Dung Quat Economic Zone.

Article 2.- The Management Board shall approve import plans and manage commercial activities of foreign-invested enterprises in Dung Quat Economic Zone according to the following contents:

1. The Management Board shall approve import plans of foreign-invested enterprises and business cooperation parties that invest in Dung Quat Economic Zone, ensuring strict compliance with the November 12, 1996 Law on Foreign Investment in Vietnam, the June 19, 2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam, the Government's Decree No. 24/2000/ND-CP of July 31, 2000, Decree No. 27/2003/ND-CP of March 19, 2003, relevant legal documents, and with investment licenses, business permits, economic-technical explanations, technical designs and legal documents relating to export and import management and administration. The approval of import plans shall cover the following:

1.1. Approving plans on the import of machinery, equipment, means of transport and supplies for the formation of fixed assets and plans on the import of production raw-materials, and certifying the exemption from import tax on machinery, equipment, means of transport, supplies and accessories for installation and investment for the formation of fixed assets, including the import thereof for the formation of assets by mode of financial hire-purchase by foreign-invested enterprises in Dung Quat Economic Zone.

1.2. Approving plans on the temporary import of machinery, equipment and means of transport hired from foreign countries, which are not available in technological chains, for the operation of foreign-invested enterprises.

1.3. Approving plans on the import of supplies and raw materials for production/business activities of foreign-invested enterprises under their investment licenses in accordance with the Prime Minister's Decision No. 46/2001/QD-TTg of April 4, 2001, on the management of goods export and import in the 2001-2005 period, and the Trade Ministry's Circular No. 11/2001/TT-BTM of April 18, 2001, guiding the implementation of Decision No. 46/2001/QD-TTg of April 4, 2001.

2. Approving the liquidation of machinery, equipment, means of transport, supplies and raw materials of foreign-invested enterprises according to the provisions of the Trade Ministry's Circular No. 01/2005/TT-BTM of January 6, 2005.

3. Approving plans on the import of finished products for combination with export products of foreign-invested enterprises.

Article 3.- Quarterly, the Management Board shall report to the Trade Ministry on the export and import by foreign-invested enterprises under the guidance of the Trade Ministry in its Circular No. 22/2000/TT-BTM of December 15, 2000.

Article 4.- The Trade Ministry shall regularly inspect the implementation of the provisions of this Decision according to the provisions of law.

Article 5.- This Decision takes effect 15 days after its publication in "CONG BAO" and replaces the Trade Ministry's Decision No. 0467/2001/QD-BTM of May 8, 2001, authorizing the Dung Quat Industrial Park Management Board to manage export, import and commercial activities of industrial-park enterprises.